Computer Law Commons^™

Fair Dealing Or Fare Stealing?: Implications Of Canadian Copyright Law Reform On The Online Classroom, Louis Grilli, Daniel Huff, Andrea Shakespeare, Michael Bliemel

Canadian Journal of Law and Technology

This article first examines Canadian copyright law as it pertains to distance education with a detailed review of literature, legislation and jurisprudence, including a comparison with influential law from the United States. Included in this analysis are the opinions of specialists and experts on distance education and copyright in the university environment, who were interviewed during this research. Based on the research findings, we have identified three distinct legislative outcomes. For each, we provide recommendations on how a university and other stakeholders might best protect their interests when confronted with any of these three possibilities.

Google Adwords And Canadian Trademark Law, Reed W. Taubner

Canadian Journal of Law and Technology

This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.

This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.

Residual Voting In Florida, James Hicks, Paul Gronke, Charles Stewart Iii

Scholarship@WashULaw

The residual vote rate is a metric that can be used to evaluate the comparative performance of election systems, particularly voting technology and ballot design. If collected at the appropriate levels of disaggregation (county- or more preferably precinct-level) and by different modes of balloting (in person, absentee, and early voting), the residual vote rate can identify ways that voter demographics, voting technology, and the time and place of casting the ballot may influence varying levels of voting errors.

This report describes a project that examined the residual vote rates in the state of Florida’s 2008 presidential preference primary, taking advantage …

'Canada' In Electronic Evidence, Steve Coughlan

Articles, Book Chapters, & Popular Press

Canada is a bilingual and bi-jurisdictional country. Most provinces and territories are mainly English speaking and have common law as the basis for their legal system. The exception is the province of Quebec which is governed by civil law and where the majority speaks French. However, it must be noted that Quebec civil law has been substantially affected by common law, in particular with respect to discovery rules. The latter are closer to common law discovery rules than they are from, for instance, French civil law. Another important factor for the review of the management of digital evidence in Canada …

Computer Forensic Functions Testing: Media Preparation, Write Protection And Verification, Yinghua Guo, Jill Slay

Journal of Digital Forensics, Security and Law

The growth in the computer forensic field has created a demand for new software (or increased functionality to existing software) and a means to verify that this software is truly forensic i.e. capable of meeting the requirements of the trier of fact. In this work, we review our previous work---a function oriented testing framework for validation and verification of computer forensic tools. This framework consists of three parts: function mapping, requirements specification and reference set development. Through function mapping, we give a scientific and systemized description of the fundamentals of computer forensic discipline, i.e. what functions are needed in the …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Clustering Spam Domains And Destination Websites: Digital Forensics With Data Mining, Chun Wei, Alan Sprague, Gary Warner, Anthony Skjellum

Journal of Digital Forensics, Security and Law

Spam related cyber crimes have become a serious threat to society. Current spam research mainly aims to detect spam more effectively. We believe the identification and disruption of the supporting infrastructure used by spammers is a more effective way of stopping spam than filtering. The termination of spam hosts will greatly reduce the profit a spammer can generate and thwart his ability to send more spam. This research proposes an algorithm for clustering spam domains extracted from spam emails based on the hosting IP addresses and tracing the IP addresses over a period of time. The results show that many …

Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli

Journal of Digital Forensics, Security and Law

30 years ago PABX systems were compromised by hackers wanting to make long distance calls at some other entities expense. This activity faded as telephony became cheaper and PABX systems had countermeasures installed to overcome attacks. Now the world has moved onto the provision of telephony via broadband enabled Voice over Internet Protocol (VoIP) with this service now being provided as a replacement for conventional fixed wire telephony by major telecommunication providers worldwide. Due to increasing bandwidth it is possible for systems to support multiple voice connections simultaneously. The networked nature of the Internet allows for attackers of these VoIP …

Adaptation Of Pyflag To Efficient Analysis Of Seized Computer Data Storage, Aleksander Byrski, Wojciech Stryjewski, Bartłomiej Czechowicz

Journal of Digital Forensics, Security and Law

Based on existing software aimed at investigation support in the analysis of computer data storage seized during investigation (PyFlag), an extension is proposed involving the introduction of dedicated components for data identification and filtering. Hash codes for popular software contained in NIST/NSRL database are considered in order to avoid unwanted files while searching and to classify them into several categories. The extension allows for further analysis, e.g. using artificial intelligence methods. The considerations are illustrated by the overview of the system's design.

Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. …

Malware Forensics: Discovery Of The Intent Of Deception, Murray Brand, Craig Valli, Andrew Woodward

Journal of Digital Forensics, Security and Law

Malicious software (malware) has a wide variety of analysis avoidance techniques that it can employ to hinder forensic analysis. Although legitimate software can incorporate the same analysis avoidance techniques to provide a measure of protection against reverse engineering and to protect intellectual property, malware invariably makes much greater use of such techniques to make detailed analysis labour intensive and very time consuming. Analysis avoidance techniques are so heavily used by malware that the detection of the use of analysis avoidance techniques could be a very good indicator of the presence of malicious intent. However, there is a tendency for analysis …

Digital Records Forensics: A New Science And Academic Program For Forensic Readiness, Luciana Duranti, Barbara Endicott-Popovsky

Journal of Digital Forensics, Security and Law

This paper introduces the Digital Records Forensics project, a research endeavour located at the University of British Columbia in Canada and aimed at the development of a new science resulting from the integration of digital forensics with diplomatics, archival science, information science and the law of evidence, and of an interdisciplinary graduate degree program, called Digital Records Forensics Studies, directed to professionals working for law enforcement agencies, legal firms, courts, and all kind of institutions and business that require their services. The program anticipates the need for organizations to become “forensically ready,” defined by John Tan as “maximizing the ability …

Solid State Drives: The Beginning Of The End For Current Practice In Digital Forensic Recovery?, Graeme B. Bell, Richard Boddington

Journal of Digital Forensics, Security and Law

Digital evidence is increasingly relied upon in computer forensic examinations and legal proceedings in the modern courtroom. The primary storage technology used for digital information has remained constant over the last two decades, in the form of the magnetic disc. Consequently, investigative, forensic, and judicial procedures are well-established for magnetic disc storage devices (Carrier, 2005). However, a paradigm shift has taken place in technology storage and complex, transistor-based devices for primary storage are now increasingly common. Most people are aware of the transition from portable magnetic floppy discs to portable USB transistor flash devices, yet the transition from magnetic hard …

Book Review: Digital Forensic Evidence Examination (2nd Ed.), Gary C. Kessler

Journal of Digital Forensics, Security and Law

On the day that I sat down to start to write this review, the following e-mail came across on one of my lists: Person A and Person B write back and forth and create an email thread. Person A then forwards the email to Person C, but changes some wording in the email exchange between A & B. What is the easiest way (and is it even possible) to find out when that earlier email message was altered before sent to Person C? Before you try to answer these questions, read Fred Cohen's Digital Forensic Evidence Examination. His book won't …

Identifying A Computer Forensics Expert: A Study To Measure The Characteristics Of Forensic Computer Examiners, Gregory H. Carlton, Reginald Worthley

Journal of Digital Forensics, Security and Law

The usage of digital evidence from electronic devices has been rapidly expanding within litigation, and along with this increased usage, the reliance upon forensic computer examiners to acquire, analyze, and report upon this evidence is also rapidly growing. This growing demand for forensic computer examiners raises questions concerning the selection of individuals qualified to perform this work. While courts have mechanisms for qualifying witnesses that provide testimony based on scientific data, such as digital data, the qualifying criteria covers a wide variety of characteristics including, education, experience, training, professional certifications, or other special skills. In this study, we compare task …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Cloud Computing: Storm Warning For Privacy?, Nicole Ozer, Chris Conley

Faculty Scholarship

“Cloud computing” - the ability to create, store, and manipulate data through Web-based services - is growing in popularity. Cloud computing itself may not transform society; for most consumers, it is simply an appealing alternative tool for creating and storing the same records and documents that people have created for years. However, outdated laws and varying corporate practices mean that documents created and stored in the cloud may not have the same protections as the same documents stored in a filing cabinet or on a home computer. Can cloud computing services protect the privacy of their consumers? Do they? And …

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

Articles

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands …